People v. Freier

Appellate Division of the Supreme Court of New York

People v. Freier

228 A.D.2d 520, 644 N.Y.2d 306, 644 N.Y.S.2d 306, 1996 N.Y. App. Div. LEXIS 6550

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1996·Published

Opinion

We find that the defendant did not receive the effective assistance of counsel and therefore the judgment must be reversed (see, People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137).

Furthermore, the court’s failure to give a limiting instruction concerning the defendant’s prior arrest, coupled with the court’s failure to instruct the jury that the testimony of a police officer is entitled to no greater weight than the testimony of an ordinary citizen, warrant reversal (see, People v Guzman, 146 AD2d 799). Balletta, J. P., Santucci, Krausman and Florio, JJ., concur.

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We find that the defendant did not receive the effective assistance of counsel and therefore the judgment must be reversed (see, People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137).

Furthermore, the court’s failure to give a limiting instruction concerning the defendant’s prior arrest, coupled with the court’s failure to instruct the jury that the testimony of a police officer is entitled to no greater weight than the testimony of an ordinary citizen, warrant reversal (see, People v Guzman, 146 AD2d 799). Balletta, J. P., Santucci, Krausman and Florio, JJ., concur.

People v. Freier, 228 A.D.2d 520, 644 N.Y.2d 306, 644 N.Y.S.2d 306, 1996 N.Y. App. Div. LEXIS 6550 (N.Y. Ct. App. 1996).

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Opinion

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